“For me a
house or an apartment becomes a home when you add
one set of four legs, a happy tail,
and that indescribable measure of love that we call a dog.”
parking and people. These three "Ps" are the source of many problems
with condo living. With pets, the developer sets the tone when he
writes the original declaration and rules for the condo corporation.
Aside from allowing the removal of nuisance pets, the early
declarations were usually silent about pets. It was up to the boards to
change the rules regarding pets as the condo matured.
Some declarations ban all pets, including cats and fishtanks. If the
restrictions are in the declaration then, aside from service animals,
the courts will uphold the ban on all pets.
condo declarations contained restrictions on the number and size of
pets. Examples of restrictions include a limit of only one dog or two
cats per unit. No dog could be more than 20 pounds and all pets must be
on a leash while in the common elements.
Newer declarations may have no restrictions on the type and number of
resident can own. Developers want to sell their units and since many
people want to own pets, the developers will accomodate them.
Some developers moved the restrictions on pets from the declaration
to the Rules and Regulations. This can be a trap for dog lovers because
they may buy a unit in a new condo building where dogs are allowed and
then, as the building matures and the board finds that they have too
many issues with noisy or nuisance dogs, they can pass new rules
banning all new dogs.
So when Fido dies, he cannot be replaced.
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